May 20, 2003




2003-23


Proposed Administrative Order
Regarding Caseflow Management
_______________________________

          On order of the Court, this is to advise that the Court is considering issuing a
new administrative order to govern the flow of cases in the trial courts.  The proposed order
reflects (1) recent changes in statutes and court rules, (2) a new caseload reporting system,
and (3) suggestions from a group of judges and staff members convened by the State Court
Administrative Office to review time guidelines for monitoring case processing.  Before
determining whether the proposal should be adopted, changed before adoption, or rejected,
this notice is given to afford interested persons the opportunity to comment on the form or
the merits of the proposal, or to suggest alternatives.  The Court welcomes the views of all. 
This matter also will be considered at a public administrative hearing by the Court before a
final decision is made.  The schedule and agendas for public hearings are posted on the
Court's website, www.courts.michigan.gov/supremecourt.

          Publication of this proposal does not mean that the Court will issue an order
on the subject, nor does it imply probable adoption of the proposal in its present form.

           [The proposed order would read as follows.]


     The management of the flow of cases in the trial court is the responsibility of the
judiciary.  In carrying out that responsibility, and in order to have an effective, fair, and
efficient system of justice, the judiciary must balance the rights and interests of individual
litigants, the limited resources of the judicial branch and other participants in the justice
system, and the interests of citizens.

     Accordingly, on order of the Court and effective immediately,

   A.   The State Court Administrator is directed, within available resources,
to:


          1.   assist trial courts in implementing caseflow management plans that
incorporate case processing time guidelines established pursuant to this order;

          2.   gather information from trial courts on compliance with caseflow
management guidelines; and

          3.   assess the effectiveness of caseflow management plans in achieving the
guidelines established by this order.

     B.   Trial courts are directed to:

          1.   maintain current caseflow management plans consistent with case
processing time guidelines established in this order, and in cooperation with the State Court
Administrative Office;

          2.   report to the State Court Administrative Office caseflow management
statistics and other caseflow management data required by that office; and

          3.   cooperate with the State Court Administrative Office in assessing
caseflow management plans implemented pursuant to this order.

     
   On further order of the Court, the following time guidelines for case
processing are provided as goals for administration of court caseloads.  They are not
intended to supersede procedural requirements in court rules or statutes for specific cases,
or to supersede reporting requirements in court rules or statutes.  

     Note: The phrase "adjudicated" refers to the date a case is reported in Part 2 of the
caseload report forms and instructions.  Aging of a case is suspended for the time a case is
inactive as defined in Parts 2 and 4 of the caseload report forms and instructions.  Refer to
these specific definitions for details.

Probate Court Guidelines.

     1.   [Estate, Trust, Guardianship, and Conservatorship Proceedings.] 
75% of all contested matters should be adjudicated within 182 days from the date of the
filing of objection; 90% within 273 days; and 100% within 364 days except for individual
cases in which the court determines exceptional circumstances exist and for which a
continuing review should occur.

     2.   [Mental Illness Proceedings; Judicial Admission Proceedings]. 90%
of all petitions should be adjudicated within 14 days from the date of filing and 100%
within 28 days.

     3.   [Civil Proceedings. ]75% of all cases should be adjudicated within
364 days from the date of case filing; 95% within 546 days; and 100% within 728 days
except for individual cases in which the court determines exceptional circumstances exist
and for which a continuing review should occur.  This standard differs from that of the
American Bar Association, which requires that 90% of all civil cases be disposed of within
12 months of the date of filing.

     4.   [Miscellaneous Proceedings.]  100% of all petitions should be
adjudicated within 35 days from the date of filing.

District Court Guidelines.

     1.   [Civil Proceedings.]

          a.   General Civil.  90% of all general civil and miscellaneous civil cases
should be adjudicated within 273 days from the date of case filing; 98% within 364 days;
and 100% within 455 days except for individual cases in which the court determines
exceptional circumstances exist and for which a continuing review should occur.

          b.   Summary Civil.  100% of all small claims, landlord/tenant, and land
contract actions should be adjudicated within 126 days from the date of case filing except,
in those cases where a jury is demanded, actions should be adjudicated within 154 days
from the date of case filing.

     2.   [Felony, Misdemeanor, and Extradition Detainer Proceedings.]

          a.   Misdemeanor.  90% of all statute and ordinance misdemeanor cases,
including misdemeanor drunk driving and misdemeanor traffic, should be adjudicated
within 63 days from the date of first appearance; 98% within 91 days; and 100% within 126
days.

          b.   Felony and Extradition/Detainer.  100% of all preliminary
examinations in felony, felony drunk driving, felony traffic, and extradition/detainer cases
should be commenced within 14 days of arraignment unless good cause is shown.

     3.   [Civil Infraction Proceedings.]  90% of all civil infraction cases,
including traffic, nontraffic, and parking cases, should be adjudicated within 35 days from
the date of filing; 98% within 56 days; and 100% within 84 days. 

Circuit Court Guidelines.

     1.   [Civil Proceedings.]  75% of all cases should be adjudicated within
364 days from the date of case filing; 95% within 546 days; and 100% within 728 days
except for individual cases in which the court determines exceptional circumstances exist
and for which a continuing review should occur.  This standard differs from that of the
American Bar Association which requires that 90% of all civil cases be disposed of within
12 months of the date of filing.

     2.   [Domestic Relations Proceedings.]

          a.   Divorce Without Children.  90% of all divorce cases without children
should be adjudicated within 91 days from the date of case filing; 98% within 273 days; and
100% within 364 days.

          b.   Divorce With Children.  90% of all divorce cases with children should
be adjudicated within 245 days from the date of case filing; 98% within 301 days; and
100% within 364 days.

          c.   Paternity.  90% of all paternity cases should be adjudicated within 147
days from the date of case filing and 100% within 238 days.

          d.   Initiating Interstate.  100% of all orders pertaining to outgoing
interstate transfers should be forwarded to the court of the responding state having
reciprocal legislation within 24 hours of the filing of the registration packet or the
documents used for initiating the Uniform Interstate Family Support Act.

          e.   Responding Interstate for Registration.  90% of all incoming interstate
actions being registered should be adjudicated within 91 days from the date of case filing or
receipt of order from initiating state and 100% within 182 days.

          f.   Responding Interstate Establishment.  90% of all incoming interstate
actions to establish support should be adjudicated within 91 days from the date of case
filing, and 100% within 182 days.

          g.   Child Custody Issues, Other Support, and Other Domestic Relations
Matters.  90% of all child custody, other support, and other domestic relations issues not
listed above should be adjudicated within 147 days from the date of case filing and 100%
within 238 days.

     3.   [Delinquency Proceedings.] Where a minor is being detained or is
held in court custody, 90% of all original petitions or complaints should have adjudication
and disposition completed within 84 days from the authorization of the petition and 100%
within 98 days.  Where a minor is not being detained or held in court custody, 75% of all
original petitions or complaints should have adjudication and disposition completed within
119 days from the date of filing; 90% within 182 days; and 100% within 210 days.

     4.   [Child Protective Proceedings. ]Where a child is in out-of-home
placement (foster care), 90% of all original petitions should have adjudication and
disposition completed within 84 days from the authorization of the petition and 100%
within 98 days.  Where a child is not in out-of-home placement (foster care), 75% of all
original petitions should have adjudication and disposition within 119 days from the date of
filing; 90% within 182 days; and 100% within 210 days. 

     5.   [Designated Proceedings.]  90% of all original petitions should be
adjudicated within 154 days from the designation date and 100% within 301 days.  Minors
held in custody should be afforded priority for trial.

     6.   [Juvenile Traffic and Ordinance Proceedings.]  90% of all citations
should have adjudication and disposition completed within 63 days from the date of first
appearance; 98% within 91 days; and 100% within 126 days.

     7.   [Adoption Proceedings.]  

          a.   Petitions for Adoption.  90% of all petitions for adoption should be
finalized or otherwise concluded within 182 days from the date of filing and 100% within
364 days. 

          b.   Petitions to Rescind Adoption.  100% of all petitions to rescind
adoption should be adjudicated within 91 days from the date of filing.

     8.   [Miscellaneous Family Proceedings.]

          a.   Name Change.  100% of all petitions should be adjudicated within 91
days from the date of filing.

          b.   Safe Delivery.  100% of all petitions should be adjudicated within 273
days from the date of filing.

          c.   Personal Protection.  100% of all petitions filed ex parte should be
adjudicated within 24 hours of filing.  90% of all petitions not filed ex parte should be
adjudicated within 14 days from the date of filing and 100% within 21 days.

          d.   Emancipation of Minors.  100% of all petitions should be adjudicated
within 91 days from the date of filing.

          e.   Infectious Diseases.  100% of all petitions should be adjudicated within
91 days from the date of filing.

          f.   Parental Waiver.  100% of all petitions should be adjudicated within 5
days from the date of filing.

     9.   [Ancillary Proceedings.]
[]
          a.   Guardianship and Conservatorship Proceedings. []75% of all
contested matters should be adjudicated within 182 days from the date of filing; 90% within
273 days; and 100% within 364 days.

          b.   Mental Illness Proceedings; Judicial Admission. 90% of all petitions
should be adjudicated within 14 days from the date of filing and 100% within 28 days.

     10.  [Criminal Proceedings.]  90% of all felony cases should be
adjudicated within 91 days from the date of entry of the order binding the defendant over to
the circuit court; 98% within 154 days; and 100% within 301 days.  Incarcerated persons
should be afforded priority for trial.

     11.  [Appellate, Administrative Review, and Extraordinary Writ
Proceedings.]

          a.   Appeals from Courts of Limited Jurisdiction. 100% of all appeals to 
     circuit court from courts of limited jurisdiction should be adjudicated within 182
days from the filing of the claim of appeal.

          b.   Appeals from Administrative Agencies.  100% of all appeals to the
circuit court from administrative agencies should be adjudicated within 182 days from the
filing of the claim of appeal.

          c.   Extraordinary Writs.  98% of all extraordinary writ requests should be
adjudicated within 35 days from the date of filing and 100% within 91 days.

     12.  [Matters Submitted to the Judge.]  Matters under submission to a
judge or judicial officer should be promptly determined.  Short deadlines should be set for
presentation of briefs and affidavits and for production of transcripts.  Decisions, when
possible, should be made from the bench or within a few days of submission; otherwise a
decision should be rendered no later than 35 days after submission.

     Administrative Order No. 1991-4 is rescinded.


     Staff Comment:  In response to jurisdictional changes in the courts and changes in
court rules and statutes, the proposed administrative order would update caseflow
management guidelines originally created in Administrative Order No. 1991-4. 
Administrative Order No. 1991-4 would be rescinded.  

          The staff comment is published only for the benefit of the bench and bar and
     is not an authoritative construction by the Court.

     A copy of this order will be given to the Secretary of the State Bar and to the State
Court Administrator so that they can make the notifications specified in MCR 1.201.
Comments on this proposal may be sent to the Supreme Court Clerk in writing or
electronically by September 1, 2003, at P.O. Box 30052, Lansing, Ml 48909, or
MSC_clerk@courts.mi.gov.  When filing a comment, please refer to ADM File No.
2003-23.   Your comments and the comments of others will be posted at
www.courts.michigan.gov/supremecourt/resources/administrative/indexes/htm.